Fighting a deportation order in the U.S. can be a daunting and challenging experience.
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The process is complex and involves navigating the intricate workings of the legal system, which can be overwhelming for those unfamiliar with it. However, with the right approach and the assistance of qualified legal counsel, individuals facing deportation can take steps to fight the order and seek relief.
IN THIS ARTICLE
What does Deportation mean? and how does a person get deported?
Deportation is the process by which an individual is ordered to leave the United States and return to their home country. The process of deportation can be complex and varies depending on the specific circumstances of each case. In general, the process can be broken down into the following steps:
- Notice to Appear (NTA): The deportation process typically begins with a Notice to Appear (NTA) issued by the Department of Homeland Security (DHS). The NTA outlines the reasons for the deportation and the legal basis for the deportation order. The individual is required to appear before an immigration judge to contest the deportation order.
- Master Calendar Hearing: The next step is a Master Calendar Hearing, which is a preliminary hearing in front of an immigration judge. During this hearing, the judge reviews the person’s case and determines whether they are eligible for relief from deportation.
- Individual Hearing: If the individual is not eligible for relief from deportation, an individual hearing is scheduled. During this hearing, the individual presents their case before the immigration judge and provides evidence to support their claim for remaining in the United States.
- Order of Removal: If the immigration judge rules that the individual is not eligible to remain in the United States, they will issue an order of removal. The order of removal requires the individual to leave the United States within a specified period of time, usually 30 days.
- Appeals: If the individual disagrees with the immigration judge’s decision, they may be able to file an appeal. The appeal process involves a review of the case by a higher court or administrative body.
- Departure or Removal: If the individual is unable to successfully appeal the deportation order, they must depart the United States voluntarily or be subject to forced removal by Immigration and Customs Enforcement (ICE).
Here are some key steps to consider when fighting a deportation order in the U.S.:
Understand the Basis for the Deportation Order
The first step in fighting a deportation order is to understand the basis for the order. Deportation orders can be issued for various reasons, such as violating immigration laws, committing a crime, or overstaying a visa. Understanding the specific basis for the order can help individuals identify the best strategy for fighting it.
Seek Legal Counsel
It is crucial to seek the advice and representation of a qualified immigration attorney when fighting a deportation order. An experienced attorney can assess the individual’s case and identify potential legal arguments and strategies for deportation defense. They can also represent the individual in court proceedings and negotiations with immigration officials.
File Motions and Appeals
Individuals facing deportation may be able to file motions and appeals to challenge the order. For example, they may be able to file a motion to reopen the case or an appeal with the Board of Immigration Appeals. An experienced attorney can determine which motions and appeals are appropriate for each person’s case and ensure that they are filed on time and effectively.
Pursue Relief Options
Individuals facing deportation may be eligible for relief options, such as asylum, cancellation of removal, or adjustment of status. These options can provide a pathway for individuals to remain in the U.S. legally. It is essential to work with an attorney to determine which relief options are available and to prepare a strong case for the individual’s eligibility.
Attend All Hearings and Meetings
It is crucial for individuals facing deportation to attend all court hearings and meetings related to their case. Failing to appear can result in an automatic deportation order, and missing any court-imposed deadlines can be detrimental to the case. It is also important to be punctual and prepared for all scheduled hearings and meetings.
In conclusion, fighting a deportation order in the U.S. requires a comprehensive and strategic approach. Working with a qualified immigration attorney and understanding the basis for the order, pursuing relief options, and attending all court hearings and meetings are essential steps for challenging the order and seeking relief. While the process can be challenging, with the right strategy and representation, individuals facing deportation can take steps to fight the order and remain in the U.S. legally.